Applicability of the Congressional Review Act to Letter on State Children's Health Insurance Program

Letter issued by the Centers for Medicare & Medicaid Services to state health officials regarding the State Childrens Health Insurance Program is a rule for the purpose of section 251 of the Contract with America Advancement Act of 1996, commonly referred to as the Congressional Review Act. The Congressional Review Act adopts the definition of rule from the Administrative Procedure Act (APA), with some exceptions, and the letter is a rule under the APA and does not fall within any of those exceptions. Accordingly, as provided for in the Congressional Review Act, the letter must be submitted to Congress and the Comptroller General before it can take effect.